Infopaket

Theory of the executive process

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

4

Acquisition of knowledge about the status of enforcement bodies, their functions, the competence of private and public executors, as well as other participants in enforcement proceedings, the specifics of various types of enforcement proceedings, measures to ensure the implementation of decisions. procedures of enforcement proceedings and features of the enforcement process with a foreign element. All theoretical knowledge about the formation of a new branch of law will be the basis for understanding complex legal phenomena that may occur during enforcement and will allow to address their solution comprehensively in accordance with the principle of legality, within which the executors must act.

Distance form

Know the organizational structure of enforcement bodies (public and private executors), organizational principles of these bodies, their competence and certain exceptions to it, organizational issues of executors who are authorized by the state to enforce the functions of enforcement of courts and other bodies (officials), the status of executors, the requirements imposed on them by the functions of the enforcement body, various types of liability of executors, rules of ethics, self-government of private executors. Legislation on bodies and persons who enforce decisions of courts and other bodies (officials) and norms of other legislation that influence enforcement proceedings.

Within the discipline students master the theoretical foundations of the executive process, its conceptual apparatus, functions and components, principles of the executive process, executive procedural legal relations and their subjects, representation in the executive process, evidence, arguments, proofs and proofs, executive proceedings, their classification and general characteristics, the procedure for enforcement proceedings and its stages, procedural acts in the enforcement process, the international enforcement process.

Fursa S. Y., Malskyy MM, Fursa Y. Y., Fursa Y. I., Contemporary issues of enforcement process of Ukraine: domestic and international aspects // LeXonomica. Volume 13 Number 2 December 2021, pp. 213-234. Fursa S.Ya., Fursa E.I. Actual problems of executive proceedings in Ukraine: theory and practice // Aktualne problem postępowania egzekucyjnego w Polsce i na Ukrainie. Sopot, 2021 (272c) S. 51-67. Fursa S, Fursa Y / Kontrola i odpowiedzialność dyscyplinarna komorników prywatnych na Ukrainie (Control and disciplinary responsibility of private performers in Ukraine // New Currenda. 2021. № 4 р.39-44 4. Fursa S.Ya., Fursa E.I. Problematic aspects of legislative regulation of participants in enforcement proceedings // Law of Ukraine. 2021. № 3 P.103-120 Fursa S.Ya., Fursa E. Rule of law and other principles in the executive process of Ukraine: current issues (in the context of the analysis of the Draft Law on Enforcement of Decisions № 5660) // Law of Ukraine. 2021. №.10. Pp. 177-191.

1) verbal method (lecture, discussion, taking into account such methods as inductive, deductive,); 2 visual method (demonstration) through the use of various information technologies; 3) interactive method, by solving situational problems and on their basis of compiling procedural documents, solving test tasks; 3) independent work is reduced to solving problematic, not regulated or not fully regulated by law legal situations; 4) research work is to involve students in conferences, round tables, preparation of scientific articles and reports.

1. report (speech on a given topic) - up to 3 points; 2. supplement to the report - 1 point; 3. express survey - up to 2 points; 4. colloquium - up to 3 points; 5. solving a legal problem - up to 5 points; 6. independent work - up to 5 points; 7. report on the topic of individual task - up to 5 points; 8. report on the performance of an individual task - up to 5 points; 9. essay (short answers to questions) - up to 2 points; 10. testing (from the set of judgments to choose the right ones) - up to 10 points; 11. abstract (meaningful written work on a given topic with analysis of the literature and conclusions) - up to 5 points; 12. participation in the discussion - up to 2 points; 13. development of the project of the material and procedural document - to 5 points; 14. problem solving - up to 5 points; 15. control work - up to 10 points.

Ukrainian